The Democratic Party is considering seeking a judicial review to challenge the legality of the provisional legislature. After yesterday's city forum, Democratic Party leader Martin Lee Chu-ming said the party would ask the court to rule whether a provisional legislature would contravene the Sino-British Joint Declaration and the Basic Law. China has pledged to replace the Legislative Council after the handover. The Democrats have said its members will not sit on the provisional legislature, nor will party members join the Selection Committee which will choose the first post-1997 chief executive and provisional legislature members. Preparatory Committee member Frederick Fung Kin-kee yesterday questioned why the Democrats aimed to contest the first post-handover ballot in 1998 if they thought electoral laws passed by the 'illegal' provisional legislature were invalid. Mr Lee said if the court ruled the provisional legislature illegal and its laws invalid, the authorities would have to set up a legislature with a legal basis. Party members would run in the 1998 election if the court ruled the electoral arrangements were legal and the public was allowed to vote. Meanwhile, Liberal Party chairman Allen Lee said it was 'political poison' for the Democratic Party not to join the Selection Committee. 'To continue to play the game of confrontation, which is to the detriment of Hong Kong and the future of Hong Kong, is unacceptable,' he said.